The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-11-11
The Demurrers in the
Church Suits
QUICKLY OVERRULED.
The Answers Filed by the
defendants.
TIE CHURCHHAS NO PROPERTY
Another Step by the First
of December.

of december.
The action of the Supreme Court in
overriding the demurrers entered in be.
halt of Trustees Burton, Winder and
Preston, whom it was sought to make
parties to the Church suits, and the fl
ing of answers by defendants was given
briefly in yesterday mornings HERALD.
The hour at which the court adjourned
aud the length of the documents in
question, precluded the possibility Of
publishing them entire ere this. The
proceedings are, however, given this
morning in full, as a matter of recol d
IN THE SUPREME COURT OF THE TER
RITORY OF UTAH. No......
OF......TERM.
In Equity.
The United States of America, plain
tiff,
The late corporation of the Church of
Jesus Carist of Latter-day Saints,
and John Taylor, late Trustee-in-
Trust, and Milford Woodruff, Lo-
Eenzo Snow, Erast1s Snow, Frank
lin D. Richards, Brigham Young,
Moses Thatcher, Francis M. Ly-
Wan, John Henry Smith, George
Teasdale, Heber J. Grant and John
W. Taylor, late assistant Trustees
in-Trust of said corporation, Will
liam B. Preston, Robert T. Burton
and John r. Winder, defendants.
DEMURRER.
The above named defendants, Will
liam B. Preston, Robert T. Burton
John r. Winder, by protestation, not
confessing all or any of the matters
and things in the plaintiffs bill of
complaint contained to be true IN such
manner and form as the same is there
in set forth and alleged, do demur to
of demurrer show ana allege:
First. That said Supreme Court of
the Territory of Utah mas no jurisdic-
ton of, or over said defendants, or
either of them, or of the subject mat
ter of said action.
Second. That the acts of Congress of
July 1st, 1862, and of March Sd, 1887,
referred to in plaintiffs bill of COM
plant, or so much of said acts as at
tempt or pretend to dissolve the said
defendant corporation. or TO interfere
With or limit its right to hold proper
ty, or which attempt to escheat the
same or wind up its affairs are uncon-
stitutional and void.
Third. That said complaint does not
state facts sufficient to constitute a
cause of action.
Fourth. That the plaintiff has not in
and by its said bill of complaint made
or stated such case as entities it, in
court of equity, to any discovery from
these defendants, or either of them, or
to any relief against them, or either of
them, as to the matters contained in
the said bill of complaint, or any of
such matters. And that said bill of
complaint does not contain any mat
ter of equity wherein this court can
ground any decree, or give to the plain
tiff any relief against these defend
ants, or either of them.
Wherefore and for divers other good
causes of demurrer, appearing in said
bill of complaint, the defendants do
demur thereto and humbly demand the
judgment of this court, whether they
shall be compelled to make any further
or other answer to the said bill of com
plant; and pray to be hence dismissed
with their costs and charges in this
behalf most wrongfully sustained.
JAMES .. BRoADHEAD,
j. +. MCDONALD,
FRANKLIN s. RICHARDS,
LIE GRAND YOUNG,
Attorneys and Counsel for defendants
1, Franklin S. Richards, one of the
attorneys and counsel for the above
named defendants, hereby certify that
in my opinion the foregoing demurrer
is we'll founded in point of law.
FRANKLIN S. RICHARDS.
Tt count2 Of q sal RT Lake. SIS.
1, John R. Wfnder, being first duly
sworn on oath, do say that am one
of the defendants in the above entitled
action, and that the foregoing demur-
rer is Rot interposed for delay.
JOHN &. WINDER.
Subscribed and sworn to before me
this ninth day of November, AID. 1887.
J. H. MoYLE,
[Seal.I Notary Public for Salt Lake
County.
Judge Zane-The Court is of tie
opinion that the demurrer of the res
poHdent to the complaint should be
overruled. The reasons for this are
gwen in the opinion fled on the motion
to appoint receiver. This is the err
der In the Church cases. AS to the
matter against the P. z. Fund Compa-
ny, that demurrer is also submitted,
is it notP -
Mr.. Richards-Yes, sir.
MIR. Peters-There is 40 hurry about
that matter, if your honors desire more
time. That case has not been fully
presented as yet. -; 80 lfi. ~,